Government Quiz Practice Over Ch. 4

What is the Establishment Clause?

"Congress shall make no law respecting an establishment of Religion" which has been interpreted to mean tat congress cannot sponsor or endorse any religion.

4th Amendment

"probable cause" is needed to obtain a search warrant.

In what case did the Supreme Court first establish the right to privacy?

Griswold V. Connecticut

Which are the civil war amendments?

the 13th,14th, and the 15th. Abolished slavery, and granted civil liberties. and also voting rights

Civil liberties are rooted in what document?

the Bill of Rights

Strict Scrutiny

the highest level of scrutiny the courts can use when determining whether a law is constitutional . "Must show a state interest or goal" Must be narrowly tailored.

miranda rights

the list of civil liberties described in the 5th amendment 1. you have the right to remain silent 2. anything you say can and will be used against you 3.you have the right to talk to a lawyer 4.if you cant afford one, one will be appointed to represent you before any questioning.

Exclusionary Rule

the principle that legally or unconditionally acquired evidence cannot be used in a criminal trial.

the 6th amendment

the right to legal counsel and jury trial.

The Bill of Rights originally protected individuals from which level of government?

federal government

The inclusion of the Bill of Rights in the Constitution reflects the ___ concerns that the federal government would be too ___.

Anitfederalists ;strong

What are civil liberties?

Basic freedoms

What case came up with the "direct Incitement" test?

Bradenburg V. U.S.

Why are civil liberties not absolute?

Individual freedoms may conflict with the public good,

in 1972, the Supreme Court banned the death penalty for what reason?

It was being inconsistently applied and violated the due process of law.

Which test doe the supreme court use to establish whether there has been "excessive government entanglement in religion"?

Lemon Test

Due process clause?

Part of the 14th Amendment that forbids states from denying "life, liberty, or property" from any person with out due process of law.

Which of the following freedoms guaranteed in the Bill of Rights is thought to imply a right to privacy?

Right to refuse to quarter soldiers

What is the Free Exercise clause?

Says that congress cannot prohibit or interfere with the practice of religion.

Flag burning is an example of ___ that is currently ___ under the First Amendment?

Symbolic speech; protected

What is the best summary of the current position of the Supreme Court on the Second Amendment ?

The Court has struck down some state and national limitations on gun ownership, arguing that the Second Amendment protects an individual right to bear arms.

Which amendment has been used as the basis for the selective incorporation?

The Fourteenth

Protections from the unreasonable searches and seizures are guaranteed by which constitutional amendment?

The Fourth Amendment

Lemon Test

The Supreme court tests this test, establishment with Lemon V. Kurtzman, to determine whether a practice violates the 1st Amendment Clause.

The Miranda Rights are protections that primarily fall under which constitutional amendment?

The fifth amendment

Which test does the Court use to determine if speech is considered dangerous and should not be legally protected?

direct incitement test

What is Hate speech?

expression that is offensive or abusive, particularly in terms of race, gender or sexual orientation.

Intermediate Scrutiny

middle level of scrutiny where the courts can use when determining whether a law is constitutional. To meet this standard, the law or policy must further an important government interest in a way that is "Substantially related" to that interest.

What is Symbolic Speech?

nonverbal expression, such as the use of signs and symbols.

establishment Clause

part of the 1st amendment states " Congress shall make no law of respecting an establishment of religion." Which has been interpreted to mean that congress cannot sponsor or favor any religion.

Free Exercise clause

part of the 1st amendment that states that the congress cannot prohibit or interfere with the practice of religion.

selective incorporation

process where the civil liberties granted in the Bill of Rights were applied to the states on a case by case basis through the 14th amendment .

The establishment clause is invoked under which of the following circumstances?

prohibiting prayer in public schools

What are Civil Rights

protect discrimination.

The 5th Amendment

protects against the abuse of government authority in legal proceedings.